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202501042
<br />c. The Assessments levied by the Association shall be used exclusively to: (i)
<br />promote the recreation, health, safety, and welfare of the Owners, (ii) to
<br />maintain common areas, green spaces and streets, hike and bike trails, outlots,
<br />clubhouse, private streets, lakes, pools, parks, and additional amenities, (iii) to
<br />provide snow removal and landscaping of Association owned outlots, hike and
<br />bike trails, and streets, (iv) to enforce this Declaration, (v) to preserve the
<br />appearance of the development, (vi) to provide accounting, legal, and other
<br />professional fees as appropriate, and (vii) to obtain insurance Association
<br />controlled and manage property and improvements.
<br />d. Notice, quorum and voting requirements of any meeting called for the purpose
<br />of taking any action authorized by the Association herein shall be governed by
<br />the Articles of Incorporation and Bylaws of the Association.
<br />5. Payment of Assessments. Each Owner of any Lot, by acceptance of a deed
<br />therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree,
<br />to pay to the Association: (1) Annual Assessment or charges; and (2) special assessments for
<br />capital improvements, such Assessments to be established and collected as provided. The annual
<br />and special Assessments, together with interest, costs and reasonable attorney fees, shall be a
<br />continuing lien upon each Lot. Each Assessment, together with interest, costs and reasonable
<br />attorney fees, shall also be a personal obligation of the Owner of each Lot at the time when the
<br />Assessment was due. The personal obligation for delinquent Assessments shall not pass to
<br />succeeding Owners unless expressly assumed by them, but shall be a lien upon each Lot regardless
<br />of transfer or conveyance. The Association's lien shall be subordinate to the first lien of a mortgage
<br />lender.
<br />6. Remedies for Violations. If the Owner of any Lot, or a family member of the Owner
<br />or Owner, their heirs or assigns, violate any of the covenants, restrictions and conditions set forth
<br />in this Agreement, it shall be lawful for any other person or persons owning any Lot or the
<br />Association to enforce these covenants with proceedings at law or in equity against the person or
<br />persons violating or attempting to violate any of these covenants.
<br />In addition to the foregoing right, Owners, their successors and assigns, and the Association
<br />shall have the right to enter onto the property of an Owner whenever there has been constructed
<br />on the Lot any temporary structures, signs, unused parts thereof, weeds, underbrush or other
<br />unsightly growth or objects in breach of these restrictions and to abate or remove the same at the
<br />expense of the Owner, and any such entry and abatement or removal shall not be deemed a trespass.
<br />The failure to promptly enforce any of the covenants, restrictions or conditions of this Agreement
<br />shall not, in any way, be a waiver of their enforcement.
<br />The Association may create a schedule of fines for violation of Association rules and
<br />regulations or these Restrictive Covenants which shall be treated and billed as a special assessment
<br />to the offending Owner's Lot.
<br />7. Covenant Declared Void. If any of the covenants, restrictions or conditions set
<br />forth in this Agreement is declared void by a court of competent jurisdiction, the remaining
<br />covenants, restrictions or conditions shall not be affected, but shall remain in full force and effect.
<br />8. Rules and Regulations. The Board of Directors of the Association and the
<br />Architectural Committee reserve the right to make additional rules and regulations and the Board
<br />reserves the right to create additional committees.
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